CD Tesis
Kontrak Pengadaan Alat Kesehatan Berdasarkan Asas Kebebasan Berkontrak Di Rsud Mandau
Goods and Services Procurement Contracts are complex agreements because they regulate many aspects both legally and technically about the process of procurement of goods and services, which require further study in order to find the ideal contract format for the procurement of goods and services according to needs and be able to provide protection and certainty the law for those who made it. This paper discusses contracts for the procurement of medical devices based on the principle of freedom of contract in Mandau Regional Hospital. The research method is a normative legal research study of legal principles, researchers collect data consisting of primary, secondary and tertiary data. Data collection techniques, namely interviews and literature review. Data analysis was carried out qualitatively and drawing conclusions from the author using deductive thinking methods.
The conclusion of this research is that the implementation of procurement of medical devices based on the principle of freedom of contract at Mandau Regional Hospital has not been carried out in accordance with the procedures set out in Presidential Regulation No. 16 of 2018 namely the E-purchasing Procedure, the terms and conditions of use in the E-purchasing application and the E-purchasing application user guide are determined by the Deputy for Monitoring and Evaluation and Development of the LKPP Information System. E-purchasing procedures include: PPK / Procurement Officers place orders for goods / services in an electronic catalog, prospective Providers respond to orders from PPK / Procurement Officers, PPK / Procurement Officers and prospective Providers can carry out technical and price negotiations, except for goods / services that are not can be negotiated. While the procedures for the procurement of medical equipment in Mandau Regional Hospital are not negotiated, the agreement is not made by both parties and the agreement for the procurement of medical devices in the Mandau Regional Hospital is a standard agreement meaning that the agreement was made in advance by the government and the hospital only has to carry out the agreement. Ideally, medical equipment procurement contracts are carried out in accordance with applicable laws and regulations. In addition, agreements are no longer made by the relevant government in order to prevent the emergence of standard agreements and encourage the implementation of the principle of freedom of contract, so that negotiations occur in the implementation of health equipment procurement contracts in Mandau Hospital. The advice of the author of the procurement of medical devices must apply the principle of freedom of contract, fairness, impartiality and objectivity in its implementation.
Keywords: Procurement of Medical Devices - Freedom of Contract Principle
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